Federal court abstains from ruling on Florida e-ballot lawsuit

Associated Press  27 September 2004

ATLANTA - A federal court declined to intervene Monday in a Florida lawsuit that sought a paper trail for that state's new touchscreen voting machines. The decision means 15 Florida counties that use the machines will not have to create paper copies.

Three judges from the 11th Circuit Court of Appeals wrote they would not exercise jurisdiction over the matter. A state appeals court ruled last month that a paper trail of ballots was not required, ruling that voters are not guaranteed "a perfect voting system."

The lawsuit was filed by U.S. Rep. Robert Wexler, D-Fla., who complained that the paperless voting system makes manual recounts impossible. He sued state elections officials, arguing that constitutional promises of equal protection would be violated by a voting system that varies from county to county in Florida.